Showing : 1-10 of 59 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Guardians and Wards Act, 1890, Section 12-- Disobedience of order of Family Court - Custody of child - Order of Family Court passed u/s 12 of G & W Act, though being is in the nature of a directive and an interim order of mandatory injunction, cannot be enforced by invoking O.39.R.2-A CPC - Appropriate remedy is contained u/s 45(1) of G&W..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Granting interim mandatory injunction for restoring ante status quo position of suit property is the rule and not the exception...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Cannot be granted when the suit itself was for grant of very same relief by way of decree of mandatory injunction - But when party seeks to restore ante status quo position of suit property, legal position would be different and it would be exceptional circumstance..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Can be granted only in exceptional circumstances...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
KERALA HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 12-- Interim custody of minor - Not only prima facie case but also balance of convenience from the point of view of the ward should be considered while granting interim custody in terms of S.12 of the Act - Application for interlocutory order ought to be considered on merits by Family Court on the..........
KERALA HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 12-- Interim custody of minor - Ex parte order - It cannot be held that under no circumstances Court cannot pass an interlocutory order for the production of the ward or interim protection - Power to pass interlocutory orders ex parte being wide has to be exercised with great care, caution and..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125-- Interim Maintenance - Written application for interim maintenance is necessary after amendment of Cr.P.C. in 2001...........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451-- Confiscation of vehicle - There is no provision under the Act, which empowers trial Court to make an order for granting interim custody of conveyance confiscated under the Act pending trial - However, Court can invoke general provision of S.451 Cr.P.C. for handing over interim custody of seized..........

Showing : 1-10 of 59 Results